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2024 Supreme(Online)(MAD) 32350

HIGH COURT OF MADRAS
Hon`ble Mr.Justice R.VIJAYAKUMAR
GANDHIMATHI – Appellant
Versus
A.MOHAN – Respondent


ORDER

The defendant in O.S.No.88 of 2013 on the file of District Munsif Court, Lalgudi, is the revision petitioner. The respondent herein as plaintiff had filed the above said suit for the relief of permanent injunction. An exparte decree came to be passed on 02.08.2013. Alleging that the decree for permanent injunction is being violated by the defendants, the plaintiff has filed E.P.No.2 of 2017 under Order 21 Rule 32 C.P.C. for civil arrest of the defendants.

2. Pending such an application, the defendant had filed E.A.No.34 of

2018 under Section 47 C.P.C. contending that the decree in E.A.No.34 of 2018 is inexecutable. Pending such an application, the defendant had filed E.A.No.6 of 2019 for appointment of Advocate Commissioner to note down the fact that shed put up by him is an old one.

3. According to the defendant, this will prove that the plaintiff was never in a possession, but only the defendant was in possession of the suit schedule property and therefore, there is no violation of the injunction decree. However, the trial Court has proceeded to dismiss the said application. Challenging the same, the present Civil Revision Petition has been filed.

4. According to the learned co

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